Wrongful Death

At our firm, we represent clients in a variety of wrongful death cases, and believe that we are recognized as an authority on these types of cases in the state of Colorado. We literally wrote the book on Colorado Wrongful Death Law.

What are some important facts to know about wrongful death claims?

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Wrongful death cases are usually very difficult for all the people involved because they arise out of an allegation that someone’s death was caused by the wrongful conduct of another person. Emotions often run very high in these types of cases. There are also very complicated factual and legal issues, many of which are addressed in my book on Colorado Law of Wrongful Death. An experienced attorney such as the attorneys at my office can help guide you through these difficult and complicated issues.

We can advise you about:

Damages in a wrongful death action: Wrongful death damages may include both economic and non-economic losses. Colorado law places limitations upon non-economic damages, as well as additional limitations depending upon who is bringing the claim and the type of wrongful conduct that is involved in the case.

To learn more, please contact us to schedule an appointment with an experienced Denver wrongful death attorney.

More answers to your wrongful death questions below. If you don’t see your question here, please visit our FAQ page.

On what type of wrongful conduct can a wrongful death claim be based?

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Any type wrongful conduct can give rise to a wrongful death claim. Most wrongful death actions are based upon negligence, which is that idea that a person failed to exercise reasonable care under the circumstances to prevent harm to the person who died. Most negligence-based wrongful death claims relate to motor vehicle accidents such as car and truck accidents, motorcycle accidents, auto-pedestrian accidents, auto-bicycle accidents. Wrongful death claims can also be based upon premises liability, where a landowner fails to exercise reasonable care under the circumstances to protect against harm, which may result in injury or death. Wrongful death cases can also be based on product liability, which occurs where a manufacturer or seller places an unreasonably dangerous and defective product in the marketplace and injury or death results. Medical malpractice claims against physicians and hospitals and similar claims against nursing homes are usually also based upon negligence. There are some cases in which wrongful death cases can be based upon intentional conduct such as where there’s a murder-suicide, so there’s a whole range of cases which can give rise to a wrongful death claim.

What is a “felonious” killing?

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A felonious killing as defined under Colorado law to include first-degree murder, second-degree murder, or manslaughter, so obviously, in a murder-suicide case there would be a felonious killing. However, even in some motor vehicle accident cases there can be a felonious killing if there’s sufficient evidence of willful and wanton conduct or reckless conduct such as a case where a defendant is driving while intoxicated, without headlights, on the wrong side of the road. There does not have to be a criminal conviction in order for there to be a felonious killing in a wrongful death action. The court in the wrongful death action can make an independent determination as to whether the facts rise to the level of a felonious killing in that particular case.

Are there any legal pitfalls or traps to watch out for in wrongful death cases in Colorado?

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There are several pitfalls to watch out for when handling wrongful death cases in Colorado. One of the most significant is the one action under Colorado law. Only one action can be brought for the death any one descendant. What that means is that if a case is brought in court against the defendant and settled, no subsequent action can be brought against any other party for that person’s death, so if a subsequent action is filed, that case will be subject to dismissal.

Wrongful Death

We literally “wrote the book” about Colorado wrongful death law. See our Publications to learn more about our book G. Giometti, Colorado Handbook of Wrongful Death Law (3rd Ed. 2015). For years attorneys throughout the state have contacted our firm for guidance in handling wrongful death claims. Contact us to benefit from our experience.

Insurance Bad Faith

We also “wrote the book” about insurance bad faith law in Colorado. See our Publications to learn more about our book G. Giometti, Colorado Law of Insurance Bad Faith (4th Ed. 2015). We are highly experienced in analyzing complex insurance coverage issues, pursuing declaratory judgment actions, and litigating bad faith claims arising out of coverage and claims handling disputes.

Auto Accidents

We also “wrote the book” about motor vehicle accident litigation and insurance in Colorado. See our Publications to learn more about our book G. Giometti, Colorado Automobile Accident Litigation & Insurance Handbook (3rd Ed. 2018). We are experienced in handling all types of motor vehicle accident cases, particularly those involving traumatic brain injuries and spinal injuries.